Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-04-28

nal could be properly erected congress mas
not taken the management of the railroads ous
OF the hands OF the railroad ceenpanfes- -Ithas
simply established certain general principles
under which interstate commerce must be Con-
Quoted. It has enacted in section J. that all
charges for interstate transportation small DC
reasonable and JUST" has prohibited In section
2 all manner of unjust Determinations; has Tor
hidden in section 3 all undue and unreasonable
preferences and advantages; has required IN
the same section reasonable and equal facilities
for the interchange of trafic; and has prohio-
tied in section the pooling of freights
That in substance is the Interstate Com
merce law. There IS nothing novel IN these
provisions They simply bring back the pusl-
ness of the common carriers 10 the wen setIcu
principles of the common law. Yet no ore
can deny that there was urgent need o. tnelr
statutory formulation Alleged dincultleS In
putting them in operation only disclose e1-
ampleS of the extent to which they nave oeen
violated in the past. These sections OF the act
are expressed in plain words a construction
must be given to them in the first instance py
the carriers and their patrons. When course
of conduct has been adopted of which complaint
is made that IL violates the law, the decision
of the question will rest with the courts or
with the Commission. as the complaining party
may elect This is the ordinary method IN
which all legislation is administered and ap-
piled, and that the statute IN question presents
no exceptions.
One more suggestion may properly be added
It appears from the numerous petitions that
have been laid before us for preliminary ad-
vice, many of them obviously upon the Sugges-
tion if not by the procurement of the carriers
| themselves, that common comment on the law
| by the carriers and those who have heretofore
| enjoyed special favors at their hands, describe
! the system OF penalties which the law provides
as extreme, and the risks imposed upon unin-
territorial and unwilling yioiaterS of its provls-
| ions enormous. Such comment seems to US
| neither fair nor just. II is true that section
provides that for violation of the law and for
fail 10 In an net wi
offending carrier shall be liable TO the injured
party for the actual damage sustained together
| with a reasonable counsel or attorney fee to
be fixed by the court and collected with the
costs in the case.
1t is also true that section 10 imposes fine Of
mot to exceed g, co., upon common carriers
and their officers, agents and servants who will
fully do or cause to be done. or willingly suffer
or permit to be done, any prohibited act, etc,
upon conviction in district court OF the United
States The civil remedy described in section
| 3 adds attorneys fee to the existing COM
mon law right of any injured party TO recover
| the full amount of his damages. a condition OF
affairs which not greatly alarm corporations
disposed to fair dealing; while the criminal
| remedy given in section 10 obviously pertains TO
intentional violatorS of the law, and is in these
cases to be graduated by the court according to
the enorInity OF the offense. Good faith, eXhib-
tied in honest effort TO carry out the require
ments of the law, viii involve reasonable and
fair-minded officials IN no danger of damages or
fines. The elasticity of the statute in their
favor is noticeable. The unjust discrimination
of section must be lin n like and contem-
poraneous service, in the transportation of
like kind of traffic, under substantially similar
circumstances and conditions The preference
| or advantage of section must be undue or
reasonable"
Throughout the act, it now stands, in
confessedly experimental form, there is an OBJ
| vious and a generous purpose to allow the
porations ample scope in the conduct of their
| business as common carriers for the people and
fair consideration of every reasonable claim,
while insisting upon just, impartial, open and
consistent rates of charge TO which every citi-
zen shall be subject aske whose situation is
the same. Surely the people could not ask for
less.
The language and the tenor of the act wholly
fail TO justify railroad managers, If any such
there be, who refuse to accept responsibilities,
decline TO offer rates, neglect to announce con-
ditions of traffic. eInbarrass the customary in
teFchanSo OF business and impose StagnatlOn
upon trade, while they stick in the bark OF
the phrases and expressions of the law, invent
ing doubts and imagining dangers 1t is still
more unjustihable for railroad companies to
make use or the general clauses OF the law, lS-
noring its modifying and charging words and
formulas in order to impose additional burdens
upon localities, trades, professions, man.
ufacturers, consumers, classes of travellers or
employees, Stratnlng and depressing every con-
struction in favor OF the corporate treasury and
quoting the new law as thG>ir authority for all
manner of petty .eXactionS. The powers of the
commission are enLlrely aQe Iuate 10 cope Win
such conduct, the existence of which is not af-
firned although it has been somewhat publicly
suggested. The same statute which enacts that
charges for like service shall be uniform all,
also provides that charges in every and for
every kind and class of service shall be reason
able and just. AS the law is practically applied
! il is said to contain many elements OF adYaa-
! tage to the economical and profitable manage
meut of the business of the carriers, which
they have not been slow to apprehend and take
| the benefit of.
The Commission ventures to express the hope
| that with this explanation respecting the
tual functions OF the carriers and the Commits
sioners in Carrying the law into effect according
| to the true intent and meaning there will be no
| lack of good faith and active cooperation in
continuing the normal activity OF every kind CT
reputable industry and traffic throughout the
| land, under favorable, fair and reasonable
terms, conceding frankly to the people all the
rights benefits. advantages and equal privi-
leges which the ''act to regulate commerce.
was intended to secure.